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Can I ignore my obligations as a service provider with access to personal information in New Hampshire? What are the requirements?
Based on the context documents provided, it is clear that New Hampshire has various requirements for service providers with access to personal information. As a service provider, you cannot ignore your obligations. Below are the requirements you need to follow:
Provider Requirements
NHCAR He-W 573.07
Wheelchair van service providers shall:
- Ensure that all vehicles used for wheelchair van services are registered in accordance with RSA 261:40 and have been inspected in accordance with RSA 266:1;
- Obtain and maintain vehicle insurance for general and professional liability in accordance with Saf -C 5919.01(a)(1)b;
- Ensure that all drivers they employ, or otherwise engage, possess a valid NH driver’s license in accordance with RSA 263:1 and RSA 263:1-a; and
- Provide proof of compliance with (a)-(c) above, when requested by the department or the medicaid fraud control unit (MFCU) of the New Hampshire department of justice (NHDOJ). [2.2]
NHCAR He-W 552.04
All providers of PCA services shall:
- Be enrolled as a New Hampshire medicaid provider to provide PCA services.
- Be employed by or under contract with a New Hampshire medicaid provider.
- Meet the training and experience requirements specified in He-W 552.07.
- Not be a member of the recipient’s family, per 42 CFR 440.167(a)(2). [2.1]
NHCAR He-C 6341.12
Providers of communication access services shall:
- Be certified prior to the start of service delivery, as a provider of services to children and families.
- Not bill DCYF for services that are to be reimbursed by any other entity.
- Be reimbursed at a rate equivalent to the department’s current communication access contract or any subsequent contract that might be entered into by the department.
- Accept agreed upon payments made by DCYF as payments in full for the services it provides.
- Provide services or care without discrimination as required by 42 U.S.C 2000d et. seq., as amended, and without discrimination on the basis of handicap as required by 29 U.S.C. 794, as amended.
- Notify DCYF of any changes in tax information by submitting to DCYF a completed, signed, and dated “State of New Hampshire Alternate W-9” (October 2016 Edition)with current tax information.
- The agency provider’s certification shall terminate upon date of sale or transfer of ownership or close of the agency. [2.3]
NHCAR Ins 3701.08
The licensee shall:
- Exercise appropriate due diligence in selecting its service providers.
- Require its service providers to implement appropriate measures designed to meet the objectives of this rule, and, where indicated by the licensee’s risk assessment, takes appropriate steps to confirm that its service providers have satisfied these obligations. [2.5]
In summary, as a service provider with access to personal information in New Hampshire, you must comply with the requirements outlined in the relevant documents. Failure to comply with these requirements may result in legal consequences.
Source(s):
- [2.1] Provider Participation.
- [2.2] Provider Requirements
- [2.3] Billing and Rate Requirements for Communication Access Services.
- [2.5] Oversee Service Provider Arrangements
Jurisdiction
New Hampshire